National Comics Publications, Inc., et al.; Prohibited Trade Practices and Affirmative Corrective Actions

FEDERAL TRADE COMMISSION

[Dkt. 7614]

National Comics Publications, Inc., et al.; Prohibited Trade

Practices and Affirmative Corrective Actions

agency: Federal Trade Commission.

action: Set aside order.

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summary: This order reopens a 1960 consent order--which required the

companies to offer promotional allowances for their publications on

proportionally equal terms to all customers--and sets aside the consent

order pursuant to the Commission's Sunset Policy Statement, under which

the Commission presumes that the public interest requires terminating

competition orders that are more than 20 years old.

dates: Consent order issued July 6, 1960. Set aside order issued June

14, 1995.

for further information contact: Daniel Ducore, FTC/S-2115, Washington,

DC 20580. (202) 326-2526.

supplementary information: In the Matter of National Comics

Publications, Inc., et al. The prohibited trade practices and/or

corrective actions are removed as indicated.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 2,

49 Stat. 1526; 15 U.S.C. 13)

Commissioners: Robert Pitofsky, Chairman, Mary L. Azcuenaga, Janet

D. Steiger, Roscoe B. Starek III, Christine A. Varney

Order Reopening Proceeding and Setting Aside Order

On February 16, 1995, DC Comics and Warner Publisher Services, Inc.

(``WPS''), as respondents and successors to National Comics

Publications, Inc. and Independent News Company, Inc.,\1\ filed a

Petition to Reopen and Set Aside Consent Order (``Petition''), in this

matter. DC and WPS request that the Commission set aside the 1960

consent order in this matter pursuant to section 5(b) of the Federal

Trade Commission Act, 14 U.S.C. 45(b), Rule 2.51 of the Commission's

Rules of Practice, 16 CFR 2.51, and the Statement of Policy With

Respect to Duration of Competition Orders and Statement of Intention to

Solicit Public Comment With Respect to Duration of Consumer Protection

Orders, issued on July 22, 1994, and published at 59 FR 45,286-92

(Sept. 1, 1994) (``Sunset Policy Statement''). In its Petition, DC and

WPS affirmatively state that neither has engaged in any conduct

violating the terms of the order. The Petition was placed on the public

record, and the thirty-day comment period expired on March 27, 1995. No

comments were received.

\1\ Since the Commission issued the order in this matter,

National Comics has become DC Comics, a general partnership between

Warner Communications, Inc., and Time Warner Entertainment Co., L.P.

Independent has changed its name to Warner Publisher Services, Inc.

and is now owned by Warner Communications Inc.

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The Commission in its Sunset Policy Statement said, in relevant

part, that ``effective immediately, the Commission will presume, in the

context of petitions to reopen and modify existing orders, that the

public interest requires setting aside orders in effect for more than

twenty years.'' \2\ The Commission's consent order in Docket No. 7614

was issued on July 6, 1960, and has been in effect for more than twenty

years. Consistent with the Commission's Sunset Policy Statement, the

presumption is that the order should be terminated. Nothing to overcome

the presumption having been presented, the Commission has determined to

reopen the proceeding and set aside the order in Docket No. 7614.

\2\ See Sunset Policy Statement, 59 FR at 45,289.

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Accordingly, it is ordered that this matter be, and it hereby is,

reopened;

It is further ordered that the Commission's order in Docket No.

7614 be, and it hereby is, set aside as of the effective date of this

order.

[[Page 43802]]

By the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 95-20905 Filed 8-22-95; 8:45 am]

BILLING CODE 6750-01-M